Under Florida?s rules of criminal procedure, the state has an opening argument and a rebuttal argument and the defense argues in between. This is because the state is the party who has the burden of proof, and that procedure is accepted generally throughout the United States in both criminal and civil cases. -- Judge O.H. Eaton

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Examining Evidence

Dear Judge Eaton: Can jurors examine any piece of evidence? Are they allowed to handle it? What happens if they ask to examine the air samples in the cans? -- Daniel

Jurors can have access to all items of evidence. Most items are sent to the jury room. However, judges sometimes only allow jurors to view certain kinds of evidence in open court, including dangerous weapons, contraband drugs or evidence that has been somehow contaminated. -- Judge O.H. Eaton

Jury Discussion?

Dear Judge Eaton: The jury asked for a closer look at some evidence today. In order to ask, they would have had to discuss it. If they discussed it, as they most certainly did, they disregarded orders to not discuss this case. Did their actions just cause this trial to become a mistrial? -- Micki

Simply requesting to look at an item of evidence is not equivalent to discussing it. No violation here. -- Judge O.H. Eaton

Read Transcripts?

Dear Judge Eaton: Does a jury get to read transcripts of the trial during deliberations, and if so, do they also see what is discussed during a sidebar? -- Joyce

The jury will not have transcripts to review. They can ask the court to order the court reporter to read back testimony, but the judge can exercise discretion in deciding to allow testimony to be read back. -- Judge O.H. Eaton

Defense Statements

Dear Judge Eaton: I understand and appreciate that the state must prove an individual guilty and that the defense does not have to prove innocence in our great country. I was shocked to learn, however, that in our justice system, the defense can say anything it wants -- such as (when they claimed) George is a child molester without proving what they say. How did this come about in our system? How could it possibly be a good thing? -- Jennifer, Atlanta, Ga.

Lawyers, witnesses and even judges have been given absolute immunity from any civil lawsuit for anything said in open court. For instance, civil action for libel or slander cannot be brought. There is an exception. Lying under oath is a crime called perjury, and that charge can be brought if the facts justify it. -- Judge O.H. Eaton